Machinery Directive 2006/42/EC

[MikeG.]

I have read the following claim on another forum:

It is the Machinery Directive 2006/42/EC that concerns its self with the safety of machinery, and it applies just as much to a machine you may make yourself and use at home. Clause 1 of Article 4 says that the directive applies to machinery that is placed on the market and / or put in to service. It's the "and / or put in to service" that causes the provisions of the directive to apply to non-work and domestic situations. So if you have machinery, you must have compliant machinery that is CE marked.

This person claims that home woodworkers have to have compliant, stamped, machinery under this EU directive. Could someone please tell me how to refute this.

 

[skeetstar]

At first I read it as machines that are home made but subsequently sold on to another end user. But the phrase.. put into services... rather, as you say, suggests that anything you make at home must be CE marked. Unworkable I suggest.

Second thought, could it be that eg, you make a router, then the motor must be CE marked? So in making your own machine, the 'machine' type components must be CE marked?

Third thought, none of this would come to light, unless a third party had an accident with your home made machine, and it somehow got looked at by H&S. There won't be an army of inspectors hired to look in every shed, garage and workshop in the land.

Anyway, I am not smart enough to make home made machines.

 

[MikeG.]

No, you miss the point. His point is that every single piece of woodworking machinery in any circumstance, including in home workshoips, must be in compliance with this directive. So anyone with an old Wadkin built prior to the EU even existing should send it off to the scrap metal dealer.

 

[lurker]

Whoever wrote that has misinterpreted the directive.

The directive is "legalised" in the country via sale of goods act and H&S at Work act.
So......if you sell a machine on the market it has to be CE marked.
Where the above confusion lies is many companies bring kit together (think a production line with lots of different machines linked) which is essentially a new machine. There is a way of achieving compliance (via provision and use of work equipment regs) without CE marking .

 

[Mike Jordan]

Like many things from the EU it's nonsense. There is no right of access for anyone to check that you own machinery in your private home.

 

[lurker]

No, you miss the point. His point is that every single piece of woodworking machinery in any circumstance, including in home workshoips, must be in compliance with this directive. So anyone with an old Wadkin built prior to the EU even existing should send it off to the scrap metal dealer.

Yes many companies made the same mistake and dumped pre directive kit. I guess like others i profited from this.

But it isnt true. I can take you to a modern engineering firm where perfectly usable kit made in the fifties is running with full compliance with the law. True it has had extra guards and in some case dc braking fitted.
I know its OK as I designed changes and wrote risk assessments for it myself and the HSE send other engineering companies to look as examples of best practice.

With regards to second hand..........you will find most kit is "sold as seen".
With regards to us DIYers with no employees, H&S at work does not apply.

 

[lurker]

Like many things from the EU it's nonsense. .

In the case of "safety" this is not true.
The problem is due to amateurs mis interpreting.

 

[PAC1]

It only applies to businesses (who market/sell machinery or put equipment into use). It does not cover what joe public does in the privacy of his shed.

 

[Mike Jordan]

Like many things from the EU it's nonsense. .

In the case of "safety" this is not true.
The problem is due to amateurs mis interpreting.

I would agree that changes like limited projection tooling were a good move on safety grounds, however the profit motive is evident when I see machines that always have stopped in less than ten seconds are now fitted with DC braking following "advice"

 

[AndyT]

I'm not an expert in this field so don't take this as complete, but one good aspect of this sort of question is that it's very easy to find the complete text of Directives and read them for yourself.

The consolidated text of the directive is here https://eur-lex.europa.eu/legal-content ... 2-20160420

The EC's guide to the application of the directive is here http://ec.europa.eu/docsroom/documents/24722

The UK legislation which brings the directive into force in the UK is here http://www.legislation.gov.uk/uksi/2008/1597/made

The HSE guidance is organised to explain all the rules, not just this one, but the detail on the effect of the machinery directive seems to start here http://www.hse.gov.uk/work-equipment-ma ... #machinery

Diving straight in to the European Commission guidance on the directive, I did find these words - which do seem to bear out what you have read, surprising as it may seem. They come from page 68 of a 457 page document. (It's long because it's actually quite thorough and discursive.)

§80 A person manufacturing machinery for his own use
A person who manufactures machinery for his own use is considered as a manufacturer and must fulfil all the obligations set out in Article 5. In that case, the machinery is not placed on the market, since it is not made available by the manufacturer to another person but used by the manufacturer himself. However, such machinery must comply with the Machinery Directive before it is put into service...

(my emphasis on the surprising bit)

I haven't read the whole thing - I was intrigued by the claim but not short of other things to do

So on the face of it, the scope does seem to be very wide indeed, but I am not going to start worrying about inspectors coming into my little workshop.

Edited to add: Looking at your mate's claim that the directive outlaws old Wadkin kit and suchlike - I think he's wrong on that. This is from the long EC guidance document, at page 64

In general, the Machinery Directive does not apply to the placing on the market of used or second-hand machinery. In some Member States, the placing on the market of used or second-hand machinery is subject to specific national regulations. Otherwise the putting into service and use of second-hand machinery for professional use is subject to the national regulations on the use of work equipment implementing the provisions of Directive 2009/104/EC – see §140: comments on Article 15.
There is one exception to this general rule. The Machinery Directive applies to used or second-hand machinery that was first made available with a view to distribution or use outside the EU when it is subsequently placed on the market or put into service for the first time in the EU31. The person responsible for placing on the market or putting into service such used machinery for the first time in the EU, whether he is the manufacturer of the machinery, an importer, a distributor or the user himself, must fulfil all the obligations set out in Article 5 of the Directive.

 

[lurker]

Like many things from the EU it's nonsense. .

In the case of "safety" this is not true.
The problem is due to amateurs mis interpreting.

I would agree that changes like limited projection tooling were a good move on safety grounds, however the profit motive is evident when I see machines that always have stopped in less than ten seconds are now fitted with DC braking following "advice"

The ten second rule is generally a good idea, BUT its not cast in stone and should be applied sensibly ( that means by someone suitably knowledgeable).

The problem with advice is often its given by folks who should not be doing so.
This can include HSE inspectors, although they generally work within their competence.

 

[stuartpaul]

Mike,

It is the Provision and Use of Work Equipment Regulations (PUWER) that translates the euro 'stuff' into UK legislation. As I'm sure you know an EC Directive isn't enforceable it's for the relevant country to translate into appropriate legislation.

Extract from HSE site:

• What is work equipment?
  Work equipment is any machinery, appliance, apparatus, tool or installation for use at work .

Clearly DIY use is not 'at work' and therefore the legislation doesn't apply.

Loads more info on the HSE site. http://www.hse.gov.uk/work-equipment-ma ... /puwer.htm

 

[lurker]

Andy
That's basically correct.

In a workplace any machine must comply with the directive BUT unless you plan to sell it on does not need CE marking.

The directive is actually not difficult to comply with, and I bet virtually everyone here who has actually used a machine, would agree the requirements are reasonable.

Where is all comes unstuck is when the partly knowledgeable are your advice source.
There are lots of "Experts" out there who have only passed a H&S certificate course that the awarding body (NEBOSH) clearly state isnt a professional qualification.
Its a bit like someone with a first aid certificate performing open heart surgery :roll:

 

[MikeG.]

Thanks guys. This is all brilliant stuff. The poster of the claim on another forum is back-pedaling furiously as we speak.

 

[novocaine]

Guidance for the actual implementation of the directive in the UK.

http://www.hse.gov.uk/pubns/indg270.pdf

"supply of new machinery 2008"
very clear

A short guide to the law and your responsibilities when supplying machinery for use at work

It links to HSW which in turn links to PUWER, neither of which are relevant for home gamer.
Does he need to comply? no, unless he pays someone to help or sells it. then yes.

side not, sale of goods act was revoked in 2015, replaced by consumer rights act. not relevant here. (just for info Lurker)

now I'm going back to working it out for a gantry crane being converted to remote operation.

happy days.

 

[tomatwark]

The other point to make is that as already stated it is PUWER that applies in the UK.

But just something has a CE mark it does not mean it complies with PUWER.

A dealer I use has come across machines that are CE marked but actually in a work place would not meet the PUWER regs.

 

[Brandlin]

To add to what stuart paul and lurker have both said. The uk regulations that enforce the EC directive are

Supply of Machinery (safety) regulations 2008
Provision and use of work equipment (PUWER) 1998

Both apply only to work equipment - not to personal use.

Note however that they do include machinery that you make yourself and subsequently use for the production of goods/services to sell. This is pretty sensible as it tries to ensure that you aren't putting yourself at risk for profit, and that there isn't therefore a burden unnecessarily placed on insurers or underwriters such as trade bodies.

There is a body of material available on the implications of these regulations to the second hand market. And machinery that has been in existence for some time. Most of it is common sense as others have said and if you have access to the original instructions and comply with guarding and existing safety controls then there isn't an issue.

For interest these are the HSE guidance notes on second hand and refurbished equipment http://www.hse.gov.uk/work-equipment-ma ... oducts.htm

In general there is a lot of misunderstanding about CE marking unless you deal with it specifically. A CE mark is not a guarantee of safety. But as the others have said its 80% common sense. The cause isn't helped by comments such as from your friend misinterpretting the wrong document.

I often find that the give away that someone is misunderstanding is that the latest issue of the regulations was drafted in 2006, came into force in 2009 and builds on the first issue in 2001 (from memory). So in 17 years has the HSE been descending on private workshops, confiscating equipment and taking woodworkers to court for non compliance??

 

[Phil Pascoe]

Thanks guys. This is all brilliant stuff. The poster of the claim on another forum is back-pedaling furiously as we speak.

Mike, you spend far too much time in the other place.

 

[MikeG.]

Thanks guys. This is all brilliant stuff. The poster of the claim on another forum is back-pedaling furiously as we speak.

Mike, you spend far too much time in the other place.

Erm.......it's a cycling forum!

 

[novocaine]

oh, god, no, the home of pedantic know it alls (and the reason I can't get on with any of the cycling forums and tend to ride alone )